Disputes Regarding the Validity and Interpretation of Wills and Trusts

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, New Jersey Will Contest and Probate Dispute Attorney Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, a contestant must be injured, or “aggrieved,” by […]

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 1)

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 1 of a 2 Part Series Adoptions are a very serious matter, yet there is no shortage of interesting cases under the law of adoption(s).   One might think that an adoption fits the description of a straightforward proceeding involving adoptive parents, […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 3 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The court acknowledged the possibility that “one or more papers of the will might be removed and another substituted,” but concluded that this possibility “is not sufficient to justify denying admission of a will to probate.” Just […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 2 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The Will was deemed properly authenticated and admitted to probate. Appellant argued that the trial court erred by failing to require the proponent of the Will, to authenticate all three pages of the Will. He noted that […]

Who Has Legal Priority to Be Appointed as Administrator of an Estate in New Jersey, a Same Sex Partner or a Biological Parent?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Administration Attorney Our office received an interesting new case involving the administration of an estate.  Here, the decedent who was middle-aged, died without a will.  She was not married and had no children but apparently lived in a quasi-domestic partnership […]

Demanding That A Person with Possession Produce A Will For Probate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Attorney and Estate Probate Litigation Attorney A Court Has the Statutory Authority to Order Production of a Will and to Appoint an Administrator For the Estate when the Last Will cannot be found. You know a Will exists and someone […]

In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 1 of a 3 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney ISSUE ON APPEAL The issue before the Appellate Court was whether witnesses to a Last Will and Testament were required to authenticate all three pages of the document. The trial court admitted the testimony of the witnesses […]